Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---Ss.13(6) 15--Constitution of Pakistan (1973), Arts.185(3) 199-­Ejectment proceedings--Relationship of landlord and tenant--Ejectment on ground of default allowed despite tenants disputing title of landlords in suit property--Order impugned--Plea that landlords should have been directed to seek declaration about title in the first instance from a Civil Court, repelled--Question of title having been raised, was properly dealt with by Lower Courts and controversy decided against tenants-petitioners--No shadow of doubt existed with regard to landlords title--Held, it was neither necessary nor proper to permit petitioners to agitate question of title any further before any other forum--Leave to appeal refused.   Province of Punjab through Education Secretary and another v. Mufti Abdul Ghani P L D 1985 S C 1 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by tenants against Judgment dated 20-6-1984 of the Lahore High Court, whereby their Constitutional Petition arising out of order of eviction passed by a learned Rent Controller under the Rent Restriction Law, was dismissed. 2. The petitioners were sought to be evicted on ground, amongst others, of default in payment of rent. No argument has been advanced before us that there was no default in payment of rent. The learned counsel however contended that the petitioners having raised the plea of lack of title in the suit property, in so far as the…

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